05/26/2024 – 20:30
The minister of the Federal Supreme Court (STF), Gilmar Mendes, rejected a request from the defense of Márcio Santos Nepomuceno, known as Marcinho VP and appointed as one of the main leaders of Comando Vermelho (CV), to annul a punishment imposed on him for having participated of the beating of another prisoner at the Federal Penitentiary of Catanduvas (PR) in September 2018.
The victim was rescued unconscious. Marcinho and the other attackers were the target of an administrative process that resulted in the loss of a third of the days they could have used to reduce their sentences.
The CV leader’s lawyers appealed the decision in all instances, arguing that his right to defense was curtailed because he was not heard by the courts before the punishment was approved. Furthermore, they asked for the decision to be null and void because the victim did not sue the attackers.
Gilmar Mendes, however, stated that the punishment was justified and denied the request. “It was noted that contradictory and broad defense were guaranteed, which is why the allegation of restriction of defense cannot be sustained”, wrote the minister. “The penalty was applied and approved based on suitable evidence contained in the records, respecting the patient’s (Marcinho) guarantees.”
The STF minister agreed with the Attorney General’s Office (PGR) and understood that Marcinho did not need to be heard before judicial approval because he had already given a statement during the administrative process. The statement was accompanied by the Federal Public Defender’s Office (DPU).
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